The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-06-28
BOAEI BEATERS BAGGED
FOR GRATING ON THE NERVES
.-r, OF OFFICIALS AND
Raising Barrier 10 the Hearing or
Speech In the Mighty Grim.
insl Court.
ORDERED 40 TONE DOWN OF
SUFFER THE CONSEQUENCES.
A KnOtty Question Arising From an
Arbitrary Order OF Judge
DuBOse.

A singular proceeding was institut-
ed In the Criminal Court yesterday,
and one which leads into deep water
for solution. 1t rose during the work
Of impsnneling jury to try the Mil
lipgton murder Gaze. The boiler shop
Of shea &McC earthly is located about one
square from the courthouse, and the
noise incidental to the business 10
necessarily great. Attorney General
Peters complained OF inability 10 hear
the replies Of the witnesses, where
upon Judge DuBose sent deputy
sheriff to the works for the purpose OF
having the noise silenced. The firm
sent lie bookkeeper 10 the court for
instructions, and the substance OF his
reception was to the effect that unless
the disturbance ceased, measures
would be taken to enforce II, much TO
the discomfort Of the men creating 1t.
Not knowing how TO proceed in the
matter the firm consulted Its attorney,
Col. II. O. Warmer, who informed
them II was rather abStruse problem.
The Criminal Court was one OF gener.
al jurisdiction, with power to protect
itself against unnecessary annoyance.
At all events, the firm was in no con-
dition to become entangled In legal
complications with the court, and 1t
would be advisable to take steps to
prevent He suggested the precau-
ton OF closing the doors OF the works
next the court, and at the earliest OPP
- tk,h l.t,
the situation to the Judge. Upon this
advice the proprietors lessened the
noise as much as possible, and there
was no further interruption during
the day.
Messrs. Shea & Mccarthy are
plunged In deep water over
the occurrence. They are
running legitimate and IL
censed business with gratifying
success. The establishment has been
in existence at its present location for
years, and built up to hattering pro.
portions. At present forty men are
employed, and at least s30,OOc worth
of work Ia on hand to be finished by
August LIST. To be compelled to move
or close up shop would be very
great hardship, aud one that would |
almost annihilste their business for
some time. II the mere matter Of
going to Jail for contempt were all the
punishment, the proprlesors would |
unhesitstingly accept the alternative
before closing down.
The question 10 one difficult oil solu. |
ton, aud may, II rigidly enforced by |
Judge DuBose, 90 to the Supreme |
Court. On the one hand there is the |
business OF the boiler makers, legiu.
mate, licensed and absolutely essential |
to promote the industrial welfare |
Of any city with commercial
and manufacturing pretensions. On |
the strength Of their enterprise and
excellent workmanship, the business
has grown into the importance indi-
Gated by the extent OF orders already |
on hand. While the process Of max. |
ing boilers Is possible without the |
NOISE arising from continuous ham |
mering, yet the relief comes only
through heavy expense, which the
firm in question probably does not
feel able to undergo. On the other
hand, the Criminal Court, being one
Of enlarged powers, can protect itself
against nuisances of all kinds by
ordering them abated. II wiliul and
malicious, there Ia also specified
mode Of procedure to mete out pun
ishment.
Taking broad view of Judge Du-
Bosses order, 1t appears arbitrary and
entirely too extreme for public good.
Even he will not claim that
the noise emsnsting from the works
was wilfully and msliciously raised.
The workmen were doubtless think
ing OF other matters to the utter ex
clusion OF the Criminal Court or Ito
officers. Gould he not, with the same
consistency, interfere with and stop
any other public or private enterprise
by which his nerves and hearing were
distuIbed2 The running OF drays and
wagons over the stone pavement in
rear Of the courthouse is equally an
noying and provoking, yet 1t ia q pub
lie thoroughfare, and as such free aud
open to public travel. 1t is said, how
ever, that rope was previously, and
probably Is now stretched across 1t to
bar vehicles from entrance.
1t would be well to remember that /
this Ia large, growing and prosperous
city, where legitimate business estab.
lishments and manufacturing enter
prises must be encouraged. They
cannot be sacrificed to delicate
nerves and defective hearing.
So farrr as known no complaint
has before been lodged against the
boiler making concern threatened
with demolition yesterday, and yet 1t
has been in operation at the came
place for years. II closed doors and
windows are necessary to the carrying
on OF the business Of both, then 1t
surely belongs 10 the court equally
with the mandatory to make the
sacrifice Of comfort, and perhaps more.
In .he former there Is OF gemblance
Of manual labor, and plenty OF oppor-
tunity to OounteraCt heat with breezes
raised by fans. In the latter the con-
ditions, are radically opposite. The
Circuit Court room Is Immediately in
the rear OF the Criminal Court, and
even nearer the obnoxious works, yet
there is no complaint OF unwanted dis
tulbance from that quarter. For all
concerned, the better policy would be
for Judge DsBose to again shift his